City as Regulatory Authority. The Parties acknowledge and agree that nothing in this Agreement or any Closing Document derogates from or interferes with or xxxxxxx (i) the exercise by the City of its rights as a municipality, or imposes any obligations on the City, in its role as a municipality, and the City shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including planning rights and responsibilities, or from raising any objections pursuant to the foregoing or requiring compliance therewith, which objections or requirements shall not constitute a default by the City under the provisions of this Agreement or any Closing Documents; or (ii) the exercise by the City’s officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the City’s officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement or such other Closing Documents and provided that nothing in this Section 9.2 shall be construed as relieving the City of its covenants and obligations under this Agreement. In the event of any conflict or inconsistency between this Section 9.2 and any other provision of this Agreement or any Closing Documents, this Section 9.2 shall govern and prevail. This Section 9.2 shall survive all Closings and the termination of this Agreement.
